Whitney Information, et al v. Xcentric Ventures, et al

Filing 117

SUMMARY JUDGMEMT NOTICE re 115 MOTION for summary judgment. (drn)

Whitney Information, et al v. Xcentric Ventures, et al

Doc. 117

Case 2:04-cv-00047-MMH-SPC

Document 117

Filed 06/22/2007

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
W H IT N E Y INFORMATION NETWORK, INC., a C o lo ra d o corporation, P l a i n t i f f,

C ase No. 2:04-cv-47-FtM-34SPC

X C E N T R IC VENTURES, LLC., an Arizona limited lia b ility company; BADBUSINESSBUREAU.ORG, an A rizo n a limited liability company and ED MAGEDSON, an individual, D e f e n d a n ts . _____________________________________________/
S U M M A R Y JUDGM E N T NOTICE T o All Parties: A motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, has been filed in th is case. Unless the Court notifies the parties otherwise, there will not be a hearing on this motion; instead, the C o u r t will decide the motion on the basis of the motion, responses, briefs or legal memoranda, and evidentiary m a t e r ia ls filed by the parties. Unless otherwise specifically ordered by the Court, any response to this motion, as w e l l as all supporting evidentiary materials (counter-affidavits, depositions, exhibits, etc.) must be filed with the C le r k of this Court within fourteen (14) days of service of the motion for summary judgment. The Court will c o n s id e r this motion and take the motion under advisement twenty (20) days after the motion is filed. T h e following explanatory admonitions are included here for the benefit of pro se parties (i.e., parties not r e p r e s e n t e d by an attorney) who oppose the summary judgment motion. In addition to the above paragraph, you a re also advised that, if the Court grants this motion for summary judgment, such would be a final decision of the C o u r t in favor of the party filing the motion ("the movant"). As a result of such final decision, there would be no tr ia l or other proceedings in this case, and you would likely be precluded from later litigating this matter or any r e l a t e d matters. Therefore, you are hereby further advised: (1) failing to respond to this motion will indicate that th e motion is not opposed; (2) all material facts asserted by the movant in the motion will be considered to be a d m i t te d by you unless controverted by proper evidentiary materials (counter-affidavits, depositions, exhibits, etc.) f i le d by you; and (3) you may not rely solely on the allegations of the issue pleadings (e.g., complaint, answer, etc.) in opposing this motion. See Griffith v. W a i n w r ig h t, 772 F.2d 822, 825 (11th Cir. 1985). F O R THE COURT:

B y : /s/ Dianne Nipper, Deputy Clerk June 22, 2007

Dockets.Justia.com

Case 2:04-cv-00047-MMH-SPC
Copies: All Parties of Record

Document 117

Filed 06/22/2007

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